Irion v. Hyde

Ed Trion and Jennie M. Irion, as plaintiffs, instituted an action for injunction in the district court of Powder River county against James W. and Georgie G. Hyde. The Hydes prevailed in the district court, and the Irions have appealed to this court. The question for decision involves the adjudication of a water right by adverse user against a previously initiated right.

About October 20, 1909, the plaintiffs located a ranch and appropriated water from Sheep Creek. They constructed ditches and dikes and began to use the water for irrigating purposes. Sheep Creek is what is known as a “dry…